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Discussion Starter · #1 ·
Dear Advisors,

My wife and I are going to apply for second 2 and half years of her visa. We applied last year (August 2016) for that and based on her cash saving in IRAN, but her application was refused because the bank which she had saving in, was not approved by UKBA. We appealed against their decision straightaway.

Today we received the hearing letter from tribunal service which is going to be on 12th Jan 2018. I have also received my PIP award letter which awarded me enhanced rate for daily living and standard rate for mobility.

Some advisors told us to re-apply first and when approved then withdraw the appeal. Couple of solicitors as well as UKBA advised us that if we re-apply again without withdrawing our appeal our new application automatically refused because her case is still is open and UKBA will not accept any new application. They advised us to withdraw the appeal and leave the country and then re-apply from outside the country!! OR carry on with current appeal and see what will be happened in the court!!

I just would like to ask you what we have to do to exactly?? We can not trust their advise...

I so appreciate it if you can help and advice us in this situation.



Kind regards,
 

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Unless there are special circumstances, you can apply while your appeal is still outstanding, under adequate maintenance. Withdraw your appeal when you get your application approved.
 

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Discussion Starter · #3 ·
Dear Joppa,

Many thanks for your message. Her visa was expired last year before we applied for her second two and half years visa. So, she stays in UK base on Section 3C...and if she withdraw she must to leave straightaway!! If she re-apply they will refuse her (as I explained in previous message)!!

As I understood from your message is, she can re-apply based on adequate maintenance (last year she applied base on her cash saving). Is that right??

Is that possible to send me UKBA link, reference or etc. that address this matter please.


I am really appreciate if you can help and advise us with this matter since we are not in good situation and do not know how to get right information about this complex issue.


Kind regards,
 

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Discussion Starter · #4 ·
Unless there are special circumstances, you can apply while your appeal is still outstanding, under adequate maintenance. Withdraw your appeal when you get your application approved.


Dear Joppa,

Many thanks for your message. Her visa was expired last year before we applied for her second two and half years visa. So, she stays in UK base on Section 3C...and if she withdraw she must to leave straightaway!! If she re-apply they will refuse her (as I explained in previous message)!!

As I understood from your message is, she can re-apply based on adequate maintenance (last year she applied base on her cash saving). Is that right??

Is that possible to send me UKBA link, reference or etc. that address this matter please.


I am really appreciate if you can help and advise us with this matter since we are not in good situation and do not know how to get right information about this complex issue.


Kind regards,
 

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Discussion Starter · #5 ·
Unless there are special circumstances, you can apply while your appeal is still outstanding, under adequate maintenance. Withdraw your appeal when you get your application approved.


Dear Joppa,

Many thanks for your message. Her visa was expired last year before we applied for her second two and half years visa. So, she stays in UK base on Section 3C...and if she withdraw she must to leave straightaway!! If she re-apply they will refuse her (as I explained in previous message)!!

As I understood from your message is, she can re-apply based on adequate maintenance (last year she applied base on her cash saving). Is that right??

Is that possible to send me UKBA link, reference or etc. that address this matter please.


I am really appreciate if you can help and advise us with this matter since we are not in good situation and do not know how to get right information about this complex issue.


Kind regards,
 

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In that case it's the choice of either waiting for the outcome of her appeal, or go home and apply for leave to enter based on adequate maintenance. That's why said 'Unless there are special circumstances'. She needs to get her passport back first if Home Office still has it.
 
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